70A-2-302 - Unconscionable contract or clause.
70A-2-302. Unconscionable contract or clause.
(1) If the court as a matter of law finds the contract or any clause of the contract to havebeen unconscionable at the time it was made the court may refuse to enforce the contract, or itmay enforce the remainder of the contract without the unconscionable clause, or it may so limitthe application of any unconscionable clause as to avoid any unconscionable result.
(2) When it is claimed or appears to the court that the contract or any clause thereof maybe unconscionable the parties shall be afforded a reasonable opportunity to present evidence as toits commercial setting, purpose and effect to aid the court in making the determination.
Enacted by Chapter 154, 1965 General Session